A standardised period before a hearing to review a patient’s detention that does not vary with the facts of each case may involve a breach of the Convention right.
Citations:
[2001] EWCA Civ 1110, [2002] 1 WLR 176
Statutes:
European Convention on Human Rights, Mental Health Act 1983
Jurisdiction:
England and Wales
Cited by:
Cited – P, Regina (on the Application of) v Secretary of State for the Home Department Admn 11-Dec-2003
The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing.
Lists of cited by and citing cases may be incomplete.
Health, Human Rights
Updated: 12 May 2022; Ref: scu.190086